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STAFF:
IN CONFIDENCE
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12. Wotton for Submission.
we discussed
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Sir Duncan Watson
(W 37)
CHIEF JUSTICE: HONG KONG
/
1. Mr Rushford, Mr Fifoot and I have discussed this appointment
further in the light of the Governor's telegrams Nos 114 and 115.
In my telegram No 83 I asked the Governor for his views on the
continuance in office of Sir I Rigby or the appointment of
Mr Justice Blair-Kerr and of the relative merits of
Mr Justice Briggs and Mr Justice Huggins. The first of these
courses has been urged by the Chairman of the Bar Association and
President of the Law Society of Hong Kong (telegram No 77 to Hong
Kong) but that course or the appointment of Blair-Kerr would
require the amendment of the Letters Patent to enable the retiring
age of the Chief Justice to be raised above 62.
2.
The Governor comes down firmly against further consideration of Huggins or Rigby (paragraphs 1 and 7 of his telegram No 114). (2
I accept this. The choice lies, therefore, between Blair-Kerr
and Briggs. The Governor expresses a preference for Blair-Kerr
provided there is no objection to raising the retiring age.
3. There undoubtedly are objections to amendment of the age rule
from the point of view of the career structure of the Hong Kong Legal
Service and I think it should only be contemplated if there are
serious doubts as to the suitability of the younger candidate and
the older candidate is substantially better.
4.
It is generally accepted that on his merits as a Judge
Blair-Kerr would be a better choice for appointment. But the
/Governor
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STAFF: IN CONFIDENCE